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Another poll shows Drug War, marijuana policies rejected

DENVER — Three-fourths of Americans say it's inevitable that marijuana will be legal for recreational use across the nation, whether they support such policies or not, according to a public opinion poll released Wednesday that highlights shifting in attitudes following an era of drug war and "tough on crime" legislation.

The Pew Research Center survey also shows increased support for ending mandatory minimum prison sentences for non-violent drug offenders and doing away altogether with jail time for small amounts of marijuana.

The opinions come as public debate on these topics has led lawmakers around the nation to consider policy changes.

Since California became the first state to legalize medical marijuana in 1996, at least 19 others, and the District of Columbia, have followed suit, including two that have approved recreational use. More than a dozen state legislatures considered legalization measures this year.

Meanwhile, critics and political leaders, both liberal and conservative, have clamored for an end to harsh drug sentences, saying mandatory minimums have contributed to prison overcrowding, civil rights violations and strained budgets. U.S. Attorney General Eric Holder has been pushing Congress to overhaul drug sentencing policies.

The telephone survey found that 75 percent of respondents — including majorities of both supporters and opponents of legal marijuana— think that the sale and use of pot eventually will be legal nationwide.

It was the first time that question had been asked, but it reflects a gradual trend of acceptance.

The survey indicates that four years ago, 52 percent of respondents said they thought the use of marijuana should not be legal, while 41 percent said it should. The new poll shows a reversal with 54 percent in favor of legalization and 42 percent opposed. It marked a turning point in a gap that has been shrinking fairly steadily since 1969, the earliest data available, when 84 percent said pot should be illegal, and only 12 percent thought otherwise.

"Pot just doesn't seem as bad," said Gregory Carlson, a 52-year-old landscaper from Denver who did not participate in the Pew survey.

"You don't see anything about someone smoking a joint and then driving the wrong way into a school bus," Carlson said. With a chuckle, he added Wednesday, "They just drive slower."

The survey also highlighted a dramatic shift in attitudes on drug conviction penalties.

The survey was about evenly divided in 2001 on whether it was good or bad for states to move away from mandatory minimum sentences for non-violent drug offenders. Today, poll respondents favored moving away from such policies by a nearly 2-to-1 margin, or 63 percent to 32 percent.

Respondents said by margin greater than 3-to-1 that people who use small amounts of pot shouldn't go to jail.

"Even people who don't favor the legalization of marijuana think the possession of small amounts shouldn't result in jail time," said Carroll Doherty, Pew's Director of Political Research.

The nation thought differently a generation ago.

Congress passed the Anti-Drug Abuse Act in 1986 to set mandatory minimum sentences for federal drug crimes that could end up in life sentences for repeat offenders.

Years later, many states reported prisons bursting at the seams, prompting public officials started abandoning "lock 'em up" drug policies in the 1990s. The trend has since accelerated.

Last month, Holder testified in support of proposed sentence reductions in an effort to reserve the "the harshest penalties for the most serious drug offenders."

Such plans, including one drafted by Kentucky Republican Sen. Rand Paul, that would give judges wider discretion in sentencing have picked up support from both Republicans and Democrats.

The poll suggested that despite shifting attitudes on legalization, the public remains concerned about drug abuse, with 32 percent of those surveyed calling it a crisis and 55 percent of respondents viewing it as a serious national problem.

And a narrow majority, 54 percent, said marijuana legalization would lead to more underage people trying it.

Marijuana legalization opponents, however, said the public isn't sold yet on legal pot.

Kevin Sabet, co-founder of Smart Approaches to Marijuana, which opposes pot legalization, pointed to the fact that 63 percent said it would bother them if people used marijuana openly in their neighborhood.

"Saying that we don't want people to serve prison time for marijuana is very different from saying I want a pot shop in my neighborhood selling cookies and candies and putting coupons in the paper," Sabet said.

The poll of 1,821 adults was conducted Feb. 14-23. The survey had a margin of error of plus or minus 2.6 percentage points.

"It's just a matter of time before it's in more states," said Steve Pratley of Denver, a 51-year-old pipefitter who voted for legalization in Colorado in 2012.

Pratley, who did not participate in the Pew survey, agreed with 76 percent of respondents who said people who use small amounts of marijuana shouldn't go to jail.

"If marijuana isn't legalized, it fills up the jails, and that's just stupid," Pratley said.

Legalization opponents, however, drew a distinction between making pot legal for all and thinking that pot users belong in jail.

"It's an illegal drug, period. I don't see it spreading," said Laura Sanchez, a 55-year-old retiree in Denver who voted against legalization. She agreed that pot smokers don't belong in jail, but she disagreed with legalization.

"I've seen no proof that it's good for anybody," said Sanchez, who also did not participate in the survey.

The poll suggested that despite shifting attitudes on legalization, the public remains concerned about drug abuse, with 32 percent of those surveyed calling it a crisis and 55 percent of respondents viewing it as a serious national problem.

And a narrow majority, 54 percent, said marijuana legalization would lead to more underage people trying it.

As for mandatory minimum sentences, public attitudes have been shifting for years.

In 2001, the survey was about evenly divided on whether it was a good thing or bad thing for states to move away from mandatory minimum sentences for non-violent drug offenders. In 2014, poll respondents favored the move by a nearly 2-to-1 margin, or 63 percent to 32 percent. The other 5 percent either didn't respond or said they didn't know.

Public officials are well aware of the public's shifting attitudes on drug penalties.

Just last month, U.S. Attorney General Eric Holder testified in support of proposed sentence reductions for some non-violent drug traffickers in an effort to reserve the "the harshest penalties for the most serious drug offenders."

"Certain types of cases result in too many Americans going to prison for too long, and at times for no truly good public safety reason," Holder said last month at the U.S. Sentencing Commission.

Drug legalization activists said the Pew results come as no surprise.

"We see a growing bipartisan recognition that mandatory minimums went too far and did more harm than good," said Ethan Nadelmann, head of the New York-based Drug Policy Alliance, which opposes criminal penalties for non-violent drug users.

Kevin Sabet, co-founder of Smart Approaches to Marijuana, which opposes pot legalization, pointed to the fact that 63 percent said it would bother them if people used marijuana openly in their neighborhood.

"Saying that we don't want people to serve prison time for marijuana is very different from saying I want a pot shop in my neighborhood selling cookies and candies and putting coupons in the paper," Sabet said.

The poll of 1,821 adults was conducted Feb. 14-23. The survey had a margin of error of plus or minus 2.6 percentage points.